`Trials@uspto.gov
`Entered: May 18, 2016
`
`571–272–7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`LINDSAY CORPORATION,
`Petitioner,
`
`v.
`
`VALMONT INDUSTRIES, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-01039
`Patent 7,003,357 B1
`_______________
`
`
`
`Before SALLY C. MEDLEY, ROBERT J. WEINSCHENK, and
`WILLIAM M. FINK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2015-01039
`Patent 7,003,357 B1
`
`
`The Scheduling Order for this case sets the date for the oral hearing as
`June 16, 2016. Paper 8, 6. Each party requested an oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 26, 27. The parties’ requests for an oral hearing
`are granted.
`The hearing will commence at 1:00 PM ET on June 16, 2016, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis. The Board
`will provide a court reporter for the hearing, and the reporter’s transcript will
`constitute the official record of the hearing.
`Each party will have a total of thirty (30) minutes to present any
`arguments relating to this case. Petitioner bears the ultimate burden of proof
`that the claims under review in these cases are unpatentable. Therefore,
`Petitioner will proceed first, and Patent Owner will follow. Petitioner may
`then use any time Petitioner reserved for rebuttal. The parties are reminded
`that the presenter must identify clearly and specifically any demonstrative
`exhibit (e.g., by slide or screen number) referenced during the hearing to
`ensure the clarity and accuracy of the reporter’s transcript and the ability of
`all judges to follow the presenter’s arguments.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least seven (7) business days prior to the hearing.
`The parties also shall provide the demonstrative exhibits to the Board at least
`two (2) business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this case without prior authorization. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
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`IPR2015-01039
`Patent 7,003,357 B1
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`of Michigan, Case IPR2013-00041, Paper 65, 2–5 (PTAB Jan. 27, 2014), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The Board expects the parties will meet and confer in good faith to
`resolve any objections to demonstrative exhibits. If such objections cannot
`be resolved, the parties must initiate a conference call with the Board at least
`two (2) business days prior to the hearing to resolve any objections to
`demonstrative exhibits. Any objection to demonstrative exhibits that are not
`timely presented at least two (2) business days prior to the hearing will be
`considered waived.
`We expect lead counsel for each party to be present in person at the
`hearing. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758
`(Aug. 14, 2012). However, any counsel of record may present the party’s
`arguments. If either party anticipates that its lead counsel will not attend the
`hearing, the parties shall request and make themselves available for a
`conference call with the Board to occur no later than two (2) business days
`prior to the hearing to discuss the reasons for that lead counsel’s absence.
`Any requests regarding special equipment or needs, such as for
`audio/visual equipment, should be directed to Trials@uspto.gov. Requests
`for special equipment will not be honored unless presented in a separate
`communication directed to the identified email address not less than five (5)
`business days before the hearing.
`
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`IPR2015-01039
`Patent 7,003,357 B1
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`PETITIONER:
`
`Scott R. Brown
`Matthew B. Walters
`HOVEY WILLIAMS LLP
`sbrown@hoveywilliams.com
`mwalters@hoveywilliams.com
`
`PATENT OWNER:
`
`P. Weston Musselman, Jr.
`Ricardo J. Bonilla
`FISH & RICHARDSON P.C.
`musselman@fr.com
`IPR25199-0016IP1@fr.com
`
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